[Code of Federal Regulations]
[Title 29, Volume 2]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR458.64]

[Page 220]
 
                             TITLE 29--LABOR
 
  CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR
 
PART 458_STANDARDS OF CONDUCT--Table of Contents
 
        Subpart B_Proceedings for Enforcing Standards of Conduct
 
Sec. 458.64  Investigations; dismissal of complaint.

    (a) If it is determined after preliminary inquiry that a complaint 
is deficient in any of the following respects, the District Director 
shall conduct no investigation:
    (1) The complainant is not a member of the labor organization which 
conducted the election being challenged;
    (2) The labor organization is not subject to the CSRA or FSA;
    (3) The election was not a regular periodic election of officers;
    (4) The allegations, if true, do not constitute a violation or 
violations of Sec. 458.29;
    (5) The complainant has not complied with the requirements of Sec. 
458.63(a).
    (b) If investigation discloses (1) that there has been no violation 
or (2) that a violation has occurred but could not have affected the 
outcome or (3) that a violation has occurred but has been remedied, the 
Chief, DOE shall issue a determination dismissing the complaint and 
stating the reasons for his action.
    (c) A determination dismissing the complaint may be reviewed by the 
Assistant Secretary, but only on the basis of deciding whether the 
Chief, DOE's decision was arbitrary and capricious. The request for 
review must be made within fifteen (15) days after service of notice of 
dismissal.

[45 FR 15158, Mar. 7, 1980. Redesignated at 50 FR 31311, Aug. 1, 1985, 
as amended at 59 FR 15117, Mar. 31, 1994; 62 FR 6094, Feb. 10, 1997]

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